WHAT ARE THE BENEFITS OF MEDIATION
IN THE FAMILY LAW SETTING?
The parties retain control; they can agree and make a contract or they can disagree and have the judge make the decision. The likely result is an agreement rather than a trial. When the parties mediate, they shape the fuehrer of their own lives and, more important, the lives of their children. Mediation allows the parties to craft a tailor made agreement that fits better than something the judge would impose on them. It promotes the exchange of information, ideas and alternatives and allows the attorneys to create the best agreement It provides structure and organization to the negotiation process. It orchestrates and focuses the settlement efforts by keeping the parties on an agenda. It provides the opportunity for a resolution which is less expensive and much quicker than a court trial. The resulting agreement is more likely to be followed in the future by both sides.
WHAT ACTUALLY HAPPENS IN A MEDIATION CONFERENCE?
The mediation conference will be held at the mediator's conference facility. The mediator will first explain how the mediation process works with both sides present Each side usually appears with their attorney. The parties will know that the primary purpose of the conference is to help the parties analyze their situation and negotiation agreement that is OK with both sides. The mediator may not impose a settlement on them or make any decisions. The statements made in the mediation conference are confidential and may not be used against either side. Both sides will have an opportunity to explain to the mediator and each other their view of the facts and what an appropriate settlement would cover.